Bar & Court Admissions

Kenneth F. Baum

“Kenneth Baum is a stand-out name in” “complex medical and scientific matters” with “strong trial advocacy skills to boot.” – The Legal 500

Ken – who holds law and medical degrees from Yale – brings a highly specialized set of skills to defending claims brought against drug and medical device manufacturers. Indeed, Ken is widely regarded by clients and his peers as one of the nation’s leading practitioners in the product liability arena. Clients reporting to TheLegal 500 repeatedly single out Ken as a “very hardworking, very skilled trial lawyer,” a key practitioner in product liability and mass tort defense, and a “stand-out name” in complex medical and scientific matters.

With a unique ability to synthesize and convey complex scientific and medical issues, clients seek out Ken to serve on and lead national science and expert teams in numerous high-profile product liability litigations, including Baycol® (Bayer), hormone replacement therapy (Wyeth), Vioxx® (Merck), Sprint Fidelis® (Medtronic), Seroquel® (AstraZeneca), gadolinium contrast dye (Bayer), Fosamax® (Merck), and Mirena® (Bayer). Clients repeatedly turn to Ken to depose key retained expert and treating physician witnesses, and his depositions have led to dispositive Daubert rulings, withdrawal of opposing experts, and voluntary dismissals with prejudice. Ken also is a pillar of bellwether trial teams, crafting witness examinations and developing theories that have ultimately led to the dismissal of thousands of cases nationwide.

Representative Litigation

Fosamax Litigation

National science and expert team member and trial counsel for Merck & Co., Inc. in litigation concerning Fosamax®, a prescription drug used for the treatment and prevention of osteoporosis and other bone disorders.

Galper v. Merck Sharp & Dohme Corp. Member of science and expert team and trial counsel for Merck in initial bellwether trial in California state coordinated proceedings involving 700 lawsuits in which plaintiffs alleged that Fosamax® caused atypical femur fractures. After a six-week jury trial, the jury returned a complete defense verdict for Merck. Following the verdict, hundreds of California plaintiffs voluntarily dismissed their cases.

Su v. Merck Sharp & Dohme Corp. Member of science and expert team and trial counsel for Merck in New Jersey state court in the first ever Fosamax® trial based on an alleged atypical femur fracture. A mistrial was declared midway through the trial due to the plaintiff’s unrelated medical problems. The day before the next trial plaintiffs got an indefinite continuance.

Glynn v. Merck & Co., Inc. Member of science and expert team for Merck in first federal court MDL jury trial involving claim of atypical femur fracture, resulting in defense verdict for Merck.

Secrest v. Merck & Co., Inc. Member of science and expert team and trial counsel for Merck in federal MDL bellwether case in New York in which plaintiff claimed she developed a bone condition known as osteonecrosis of the jaw as a result of taking Fosamax®. Three-week jury trial ended in defense verdict for Merck.

Hester v. Merck & Co., Inc. Member of science and expert team and trial counsel for Merck in federal MDL case to be tried in New York in which plaintiff alleged she suffered jaw bone injuries from using Fosamax®. A month before trial, and days after Merck filed for summary judgment, plaintiff voluntarily dismissed the case with prejudice.

In re Mirena IUD Products Liability Litigation

Leader of national science and expert team for Bayer HealthCare Pharmaceuticals Inc. in litigation concerning the Mirena® intrauterine device.

Zostavax Litigation

Counsel and national science and expert team member for Merck & Co., Inc. in product liability litigation regarding Merck’s shingles vaccine, Zostavax®.

Opioid Litigation

Vioxx Litigation

National science and expert team member and trial counsel for Merck & Co., Inc. in litigation in individual and government actions claiming Merck’s withdrawn anti-inflammatory medication Vioxx® caused heart attacks and other cardiovascular problems.

State of Louisiana v. Merck Sharp & Dohme Corp. First Vioxx® trial relating to claims brought by a state Attorney General. Obtained a complete defense verdict after a two-week bench trial in federal multi-district litigation court in Louisiana.

Plunkett v. Merck & Co., Inc. First federal Vioxx® trial. After a two-week trial, mistrial declared after jurors reportedly deadlocked 8-1 in favor of the defense. A two-week jury retrial in New Orleans federal court resulted in unanimous defense verdict for Merck on all issues, which later was overturned by the district court.

Magnevist Litigation

Leader of national science and expert team for Bayer HealthCare Pharmaceuticals Inc. in federal MDL and state litigation regarding Bayer’s Magnevist® contrast dye. Plaintiffs claim that they developed a progressive, incurable disease known as nephrogenic systemic fibrosis as a result of exposure to Bayer’s gadolinium-based contrast agent Magnevist® and other contrast agents during MRI procedures.

Gerber v. Bayer Corp. Trial counsel for Bayer in the first state court Magnevist® case set for trial. Case settled two weeks before trial after a California state court judge issued tentative motion in limine rulings favorable to Bayer.

In re Prempro Products Liability Litigation

National science and expert team member for Wyeth, Inc. in products liability litigation concerning the hormone replacement therapy prescription drugs Premarin® and Prempro® alleged to cause breast cancer.

Publications

Ken Baum & Julie Cantor, Doctors Can Ease Suffering, Even in Executions, New York Times (2014)